District Judge Jeffrey Sherlock wrote in dismissing the lawsuit that a ruling to force state lawmakers to write new laws would be an inappropriate breach of the separation of powers between the three branches of government. The ACLU wrote in its filing to the Supreme Court on Monday that courts have a responsibility to analyze whether a legislative action or inaction violates an individual’s constitutional rights.

“A court abdicates this responsibility when it reflexively invokes separation of powers to refuse to undertake” such an analysis, the ACLU brief reads.

Niki Zupanic, public policy director for the ACLU of Montana, said Sherlock never ruled on the constitutionality question; he just ruled that he couldn’t order the Legislature to make changes. Zupanic said the court exists to answer those questions of constitutionality across all branches of government.

A response from the Montana attorney general's office is scheduled for December 14.

Comments

The judge wanted to avoid the entire 'activist judge' title, so he felt it was safer to disregard the entire case. I'm glad people are out there fighting these kinds of things while I work a 9-5 job and do nothing. Also, thank goodness for the ACLU being on the side of logic.